Act No. 89 / 1995 Coll.
State Statistical Service Act
Valid
Law
Effective from 15.06.1995
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89
THE LAW
of 20 April 1995
on the State Statistical Service
Parliament has decided on this law of the Czech Republic:
State Statistical Service
(1) The State Statistical Service is an activity that includes data acquisition, production of statistical information on social, economic, demographic and environmental developments of the Czech Republic and its parts, provision of statistical information and publication. It also includes ensuring comparability of statistical information and the fulfilment of obligations under international contracts in the field of statistics by which the Czech Republic is bound.
(2) The national statistical service does not include the collection or requirement of information and documentation carried out under special laws (1) for non-statistical purposes.
Definition of terms
For the purposes of this Act:
(a) an individual indication concerning an individual legal or natural person obtained for statistical purposes under this law;
(b) a confidential statistical indication that enables the identification, directly or indirectly, of an individual legal person or which is a personal data of a natural person under a special law, 2a)
(c) by anonymous indication, an individual indication which, either in its original form or after processing, does not allow for the direct or indirect identification of an individual legal or natural person;
(d) direct identification of the identification of an individual legal or natural person on the basis of any identifier that may be used without the need to use disproportionate time and effort to establish the identity of the person concerned;
(e) by indirect identification, the possibility to derive the identity of an individual legal or natural person by means other than that referred to in (d);
(f) statistical information of a social, economic, demographic or environmental nature resulting from the aggregation of individual data;
(g) the statistical purpose of use for a numerical, verbal or graphic description of the mass phenomena and processes in society, the national economy and the environment using statistical information;
(h) statistical surveys of the collection of individual data from reporting agents for statistical purposes under this law;
(i) the reporting agent is a legal person, an organisational body of the State or a natural person required to provide individual data in the statistical survey under this law;
(j) reporting obligations for reporting agents to provide the required individual statistical data in a timely, complete, correct and true manner for the statistical surveys specified in the statistical survey programme;
(k) the economic operator of each legal person, the organisational body of the State accounting unit (2c), the holding fund, and the natural person who has the status of entrepreneur under the specific legislation, 2)
(l) the identification number of the person (hereinafter referred to as "identification number") the code number used to identify the economic operator,
(m) the identification number of the establishment by the code number used to identify the establishment of the person carrying out the activity provided for by the trade law;
(n) the internal unit identification code, the code number used to identify it;
(o) the internal unit of the statistical unit which more precisely divides the territorial structure (local unit) or the structure by activity (activity unit) of the economic operator; the local unit and the activity unit are created according to the rules of the European Community2d) for statistical registers;
(p) agricultural activity agricultural production of plant and animal products, including greening, horticulture, beekeeping, fishing, fur and other animals, hunting and hunting, the production of agricultural products, forest cultivation and logging, as well as the provision of services to ensure such activities;
(q) the protection of confidential statistical data, a summary of the measures and instruments which ensure such handling of confidential data from statistical surveys carried out by the State Statistical Service and of data obtained from administrative sources so that they cannot be illegally altered, destroyed, lost, transferred or otherwise misused and used only for statistical purposes; that protection is also subject to associated data for several legal or natural persons from which it is possible, without undue time and effort, to identify or identify the person concerned,
(r) the place of usual residence of the alien, the address of the place of residence indicated in his residence permit, if it is a foreigner with a residence permit or with a temporary residence permit, or if it is a foreigner residing in the Czech Republic on the basis of a long-stay visa granted under a special law 2e); the place of usual residence of the alien to whom asylum has been granted under the Special Law 2f), the address appearing on the asylum permit,
(s) the statistical circuits of the smallest territorial unit comprising the cadastral territory and the basic residency units whose network covers the entire territory of the Czech Republic, which serve to describe the territory in detail and to create statistical zones;
(t) the basic unit of residence of the unit representing parts of the territory of the municipality with unambiguous technical and urban conditions or the catchment areas of a grouping of objects of a residential or recreational nature;
(u) a geographical technical unit which is defined as a cadastral territory or part thereof, separated by the boundary of the basic territorial unit, i.e. the border of the municipality, city district or part thereof,
(v) the basic territorial unit of the territory of the municipality or of the military escape and, where the municipality is subdivided by 2g, the territory of the city district or of the city district;
(w) public institutions sector of the state's organisational body, local authorities, state and other non-budgetary funds, public higher education institutions, health insurance companies and other organisations included by the Czech Statistical Office in this sector.
National Statistical Service Authorities
(1) The Czech Statistical Office, which is the central administrative office, performs the State Statistical Service.
(2) The Czech Statistical Office is headed by a President appointed and withdrawn by the President of the Republic on a proposal from the Government. The function of President of the Czech Statistical Office is incompatible with membership of the political party or political movement. The President of the Czech Statistical Office is entitled to pay and other requirements relating to the performance of his duties to the same extent as the President of the Supreme Audit Office under a special law. The President of the Czech Statistical Office is considered to be a service body under the Civil Service Act.
(3) The President of the Czech Statistical Office is represented by the Vice-President of the Czech Statistical Office, appointed and withdrawn by the President of the Czech Statistical Office. If the President of the Czech Statistical Office nominates several Vice-Presidents, he shall determine the order of their representation.
(4) The President of the Czech Statistical Office and Vice-President of the Czech Statistical Office are entitled to order a civil service to a civil servant under the Civil Service Act.
(5) Under the conditions and to the extent laid down by this Act, the State statistical service may be performed by ministries and other central administrative offices (hereinafter referred to as "ministries'). They follow the methodology established by the Czech Statistical Office and discussed with the ministries.
(6) The authorities performing the national statistical service shall ensure the protection of confidential statistical data in the manner laid down by this law. Where confidential statistics also contain personal data, such personal data shall be subject to protection in a manner laid down by a special law.
Scope of the Czech Statistical Office
(1) The Czech Statistical Office ensures the collection and processing of data for statistical purposes and provides statistical information to state authorities, local authorities, the public and abroad. It ensures the comparability of statistical information at national and international levels. About
(a) establish the methodology for the statistical surveys, their processing and use and the content of the statistical indicators needed to assess the social, economic, demographic and environmental standards of the Czech Republic and its various parts and to assess its development;
(b) draw up a statistical survey programme;
(c) carry out statistical surveys;
(d) compile the aggregate statistical characteristics of the development of the national economy and its various parts;
(e) establish national accounts and establish their methodology;
f) draws up macroeconomic analyses and analyses of the selected characteristics of the social, economic, demographic and ecological development of the Czech Republic and its individual regions;
(g) process projections of demographic developments;
(h) compile statistics on the state and movement of the population (population statistics);
(i) carry out short-term surveys;
j) issues, publishes and provides statistical information, including the methodology for their detection, informing the public of the social, economic, demographic and environmental developments of the Czech Republic and its various parts;
(k) monitor compliance with national statistical service obligations and impose administrative penalties for infringements;
(l) establish and manage statistical classifications, statistical code lists and statistical registers and provide information thereof;
(m) provide statistical information abroad;
(n) cooperate with international organisations; is involved in the production of statistics of the European Communities, 2b)
(o) use the identification numbers and the identification numbers of establishments;
p) Performs state administration in the area of the processing of election results to the local authorities, the Parliament of the Czech Republic, the European Parliament held in the Czech Republic and the election of the President of the Republic and the processing of the results of the national referendum to the extent provided for by specific legislation.
(2) The Czech Statistical Office further
(a) collect foreign statistical information, in particular for the purpose of comparing the level of social, economic, demographic and environmental developments of the State to foreign; provide the information obtained and the results of the comparison to the public and the public;
b) publishes the Czech Statistical yearbook, other professional publications and magazines,
(c) ensure the development of new statistical methods.
(3) The Czech Statistical Office coordinates the State Statistical Service performed by the Ministry. About
(a) keep an overview of the activities carried out by the ministries in the field of national statistical services and act to comply with the measures provided for in this law to protect confidential statistical data;
(b) cooperate with the ministries in preparing the statistical survey programme and ensure that there is no excessive burden on the reporting agents;
(c) unifies and provides methodological assistance for statistical surveys carried out by ministries in the provision of national statistical service tasks.
Guarantees of impartiality of the State Statistical Service
Czech Statistical Office
(a) the performance of the State Statistical Service is governed by laws and other legislation, applies professional aspects, requirements for practical use and professional ethics and uses scientific methods of statistical work;
(b) be independent in the production of statistical information. The collection and processing and evaluation of statistical information shall be carried out in such a way as not to undermine the objectivity of the information and not to restrict or distort the published data.
Czech Statistical Board
(1) The Czech Statistical Office establishes the Czech Statistical Council (hereinafter referred to as the "Council") as its advisory body.
(2) The Chairman of the Czech Statistical Office is the head of the Board. The members of the Board are appointed and removed by the Chairman of the Czech Statistical Office from the field of statistical theory and practice. The Council shall have a maximum of 25 members. The function of a member of the board is honorable.
(3) The Council is discussing the draft statistical survey programme, expressing its views on the proposals for statistical surveys without reporting requirements and assessing the need for data provided under Paragraph 9 (1) for the Czech Statistical Office. Other tasks, how to work and convene meetings of the Council are governed by its Statute, which will be published by the President of the Czech Statistical Office.
Scope of ministries
(1) The ministries perform the State Statistical Service to the extent that they derive from the Statistical Survey Programme and to the extent that results from the Statistical Survey carried out by the Ministries outside the Statistical Survey Programme.
(2) The Czech Statistical Office will include ministries in the statistical survey programme in agreement with them.
(3) The Ministry may conduct statistical surveys outside the statistical survey programme only in its field of competence and after prior consultation with the Czech Statistical Office.
Statistical surveys for natural persons
Only data on:
(a) the name and surname, birth number, permanent residence or, where applicable, place of business of the person providing the data;
(b) business activities, 3)
(c) real estate owned or leased by a natural person and the proceeds thereof;
(d) agricultural activities, even if they are not carried on as business activities;
(e) technical means used for agricultural activities;
(f) the area and use of agricultural land serving the non-production functions of agriculture.
Use of administrative data sources
(1) The authorities carrying out the national statistical service use data obtained or collected by ministries and other administrative offices under specific legislation. 4) Ministries and other administrative offices are obliged to provide the necessary information at their request in time and free of charge, unless otherwise provided for in this Act.
(2) The Czech Statistical Office may require:
(a) individual data from tax management data on tax claims and accounting statements of natural and legal persons, provided that the tax authorities of the Czech Republic or the customs authorities of the Czech Republic are processed and centrally available in electronic form, for the purposes of compiling national accounts in accordance with the requirements of the European System of National and Regional Accounts in the Community (4b) and for the management of statistical registries (4c), and for censuses, houses and flats, and employment and wages statistics; the provision of information under this provision is not a breach of confidentiality under the tax rules,
(b) from the information obtained in the customs procedure for placing goods under the proposed customs procedure, the information provided for directly by the applicable European Communities Regulation (4d);
(d) the following information:
1. the business name or name, in the case of legal persons, in the case of business natural persons, the address of the place of permanent residence and the address of the place of business, if different from the address of the place of permanent residence, and the identification of the social security payer and the contribution to the national employment policy, which is a legal person, an organisational body of the State or a self-employed person; identification means an identification number or, where applicable, a birth number for natural persons, unless they have been assigned an identification number or registered in the course of carrying out social security;
2. the number of natural persons for whom the employer is obliged to pay social security contributions and a contribution to national employment policy.
(3) For statistical purposes and the management of statistical registers, the authorities of the local authorities provide the Czech Statistical Office with free data from their information systems upon request. The Ministry of State Statistical Service may require the authorities of the Territorial Authority to provide data for statistical purposes free of charge only after prior approval of the Czech Statistical Office.
(4) The Czech Statistical Office uses the individual data of entities included in the public institutions sector for statistical purposes related to the calculation of deficit and debt and for the compilation of quarterly and annual non-financial and financial accounts for this sector according to the requirements of the European Communities (5f).
(5) The data provided to the Czech Statistical Office pursuant to paragraphs 1 to 3 shall be transmitted in a form which does not allow the direct identification of the natural or legal person concerned, provided that the purpose for which the data are provided is not thereby undermined.
(6) Data and information systems for different purposes may be grouped for statistical purposes.
(7) Ministries and other administrative offices are obliged to inform the Czech Statistical Office which receives data under special laws (4) or which are collected from them.
Use of the single monthly report
The employer is obliged to provide the Czech Statistical Office for the performance of the national statistical service.18) aggregated data for employers and data for individual employees concerning the characteristics of employees and job positions, the working time fund, the hours worked, worked and paid, wages paid, salaries and other costs directly related to labour costs. The employer provides this information in accordance with the Single Monthly Reporting Act.
Statistical survey programme
(1) The statistical survey programme shall be established by the Czech Statistical Office by a decree drawn up in cooperation with the ministries and other administrations and published by 5i) no later than 30 November of the preceding year.
(2) The programme shall show for each statistical survey:
(a) the purpose of the survey and its content;
(b) the range of reporting agents under reporting requirements;
(c) the method of statistical surveys;
(d) periodicity and time limits for providing data;
(e) the statistical authority.
(3) For the statistical surveys referred to in the statistical survey programme, reporting agents are required.
Statistical surveys without reporting requirements
Statistical surveys other than those referred to in the statistical survey programme may be conducted only without reporting obligations on the basis of voluntary provision of individual data.
Population statistics and census, houses and flats
Statistical information on the birth of children, death, marriage, divorce and change of permanent residence is kept in the population statistics. In order to create this information, public authorities and health service providers shall, according to the nature of their activities, be required to provide the Czech Statistical Office with confidential statistics on the birth number, address of the place of permanent residence, place of usual residence of the stranger and place of usual residence of the alien who has been granted asylum under a special law, citizenship, birth characteristics of the child born, family status, order of marriage (divorce), number of minors in divorcing marriages, causes of the divorce of the marriage, if any, cause of death, length of life of the deceased infant, place and time of the event under consideration.
Price Information System
(1) For the purposes of this Act and the fulfilment of the obligations laid down by the directly applicable European Union rules on migration and international protection, European demographic statistics, censuses, houses and flats (15), a price information system as a public administration information system is hereby established.
(2) The Czech Statistical Office provides the management of this public information system.
(3) When establishing the censorship information system, the Digital and Information Agency shall, through the services of the basic registers, ensure the transfer of an agent identifier of a natural person to an agent identifier of a natural person of the Czech Statistical Office.
(4) The Digital and Information Agency provides the Czech Statistical Office with an agent identifier for newly created individuals in the basic population register through designated services.
Agricultural inventories
(1) Agricultural inventories are carried out by the Czech Statistical Office or the Ministry of Agriculture in cooperation with municipalities. The municipalities shall in particular collect the required data on the forms received from the authority carrying out the inventory; that authority shall pay the municipalities the costs they incur with this activity.
(2) Persons entrusted by the Municipality with the task of securing work on agricultural inventories are entitled to familiarize themselves with the confidential statistical data necessary to carry out the work imposed on them. they shall not disclose this information or communicate it to anyone and may only provide it to the staff of the authority carrying out the agricultural inventory.
Synergies of municipalities
The authorities carrying out statistical surveys on natural persons shall provide the municipalities with the necessary assistance to the extent agreed and in return for the costs incurred.
Conditions for reporting
(1) The costs associated with the fulfilment of the reporting requirements incurred by the reporting agent are borne by that unit itself.
(2) The authorities carrying out the national statistical service shall send the forms or technical media of information to the reporting agent free of charge and provide the necessary methodological assistance to carry out the statistical surveys.
(3) Compliance with the reporting requirements cannot be refused by reference to the provisions of the special rules on confidentiality.
Obligations of confidentiality and protection of confidential statistical data
(1) The staff of the authorities carrying out the national statistical service or of natural persons responsible for the processing of statistical surveys or the collection of data for agricultural inventories are required to maintain confidentiality regarding confidential statistical data with which they are to be acquainted. To this end, they shall be obliged to lodge a confidentiality oath on taking up their duties or before the work in question.
(2) The promise of confidentiality is: "I promise on my honour and conscience that I will not disclose, disclose or allow anyone to know the confidential statistical data obtained for statistical purposes, which I will report to in accordance with the provisions of Act No. 89 / 1995 Coll., on the National Statistical Service, as amended, and that I will use it only for the purpose for which it was intended." A confidentiality oath shall be lodged in the hands of the competent minister, the head of the competent administrative office or authority or of the person authorised by it.
(3) A promise is made if, after reading it, the person who makes the promise declares, "I promise." The instrument shall also indicate the date of the composition of the promise.
(4) The provision or publication of confidential statistical information under the conditions laid down in this Act (§ 17) is not a breach of the obligation of confidentiality.
(5) The obligation to remain silent shall continue after the employment or work concerned has ceased.
(6) Persons who do not take a vow of confidentiality must not be allowed to be familiar with confidential statistical data by the authorities performing the national statistical service.
Provision of confidential statistical data
(1) Authorities carrying out a national statistical service
(a) they may provide each other with confidential statistical data if they need them to provide a national statistical service in a way that ensures that their confidentiality is protected; they may also provide each other with confidential statistical data for the production of statistics of the European Communities, 6)
(b) may, if necessary for the performance of their tasks in the production of statistical information, transmit confidential statistical data to another person who, under contract, ensures their processing for statistical purposes;
(c) may transmit a confidential statistical information abroad if it is necessary to fulfil the obligations of the international agreement which the Czech Republic is bound by and if the receiving party ensures at least the protection of that data as provided for it in the Czech Republic;
(d) provide a confidential statistical indication to the court, if necessary for the decision on non-compliance provided for by this law;
(e) provide confidential statistical data for the purposes of producing statistics of the European Communities in accordance with European Community law, 6a)
(f) transmit confidential statistical data for the purposes of scientific research on the basis of a contract providing for compliance with the conditions for the protection of such data and the precise use of such data in accordance with European Community law (6b), to legal persons whose principal mission is scientific research; data shall be provided in a form which does not allow the direct identification of the reporting agent that relates to the data provided;
(g) they transmit individual data to the Czech National Bank for statistical purposes if this is necessary to fulfil the obligations arising from the international treaties by which the Czech Republic or the Czech National Bank is bound.
(2) In exceptional cases, the authorities performing a national statistical service may publish, provide or use confidential statistical data for purposes other than statistical purposes, provided that special law 7 so provides, or if the person concerned has given his consent to such disclosure, provision or use. If a legal person is involved, the consent must be signed by the statutory authority. The consent shall be in writing and shall be made clear of what confidential statistical information is, how and who it is to be used. The person concerned may withdraw the consent at any time, the appeal may not have retroactive effect.
(3) If no more than one figure can be obtained in a particular set of data set out in the statistical survey methodology, the authorities performing the national statistical service may publish or provide data relating to a single case, provided that, taking into account the circumstances, it is not possible to identify or determine which person is involved.
(4) The activities of persons referred to in Article 17 shall be subject to a special law, 2a), with the exception of Article 5 (1) (c), when processing confidential statistical data on natural persons for statistical purposes.
Provision of statistical information and anonymous data
(1) The Czech Statistical Office informs the public of the results of statistical surveys through mass media, its own publications and other media and in a way that allows remote access (7a), and
(a) provide the required statistical information free of charge to Parliament, the President of the Republic, the Government, the Supreme Audit Office, ministries and other administrations, courts, the Czech National Bank, the Security Information Service, the State Agricultural Intervention Fund and the regional authorities;
(b) provide generated statistical information and anonymous data to any person who so requests, in return for payment of the necessary costs related to the acquisition of copies, the price of media and the sending of the statistical information and anonymous data generated;
(c) may draw up and supply further statistical information, on the basis of a contract at a price set by the agreement.
(2) Statistical information shall be provided abroad free of charge only if reciprocity is ensured or provided for in an international agreement or arrangement. Otherwise, the provisions of paragraph 1 on the provision of statistical information for remuneration shall apply to the provision of statistical information abroad.
(3) Statistical information is published by the Czech Statistical Office within the time limits, to the extent and in a way that is announced in advance in the mass media, its own publications and other media, and in a way that allows remote access.
(4) Statistical information identified or generated by processing data obtained in population statistics may be provided and disclosed even if it relates to a single case. This information shall not include the name and surname, birth number, full date of birth or full address of the place of residence of the natural person concerned by this data. Nor can an indication relating to a single case be provided or disclosed where, taking into account the circumstances, it is possible to identify or determine which person is involved in that data.
(5) The provisions of paragraphs 1 and 2 shall apply mutatis mutandis to the publication and provision of statistical information by ministries carrying out a national statistical service. The ministries provide the statistical information published by the Czech Statistical Office to international organisations. If the ministries provide other statistical information, they shall inform the Czech Statistical Office of the provision of statistical information.
Statistical classifications and statistical code lists
(1) The Czech Statistical Office, in cooperation with the ministries, creates and provides information on statistical classifications and statistical code lists (hereinafter referred to as "classifications").
(2) The issue of the classification is announced by the Czech Statistical Office in the Collection of Laws and International Treaties, indicating the place where the classifications are available.
(3) The classification is mandatory for authorities performing the national statistical service and for reporting agents when providing data for statistical surveys, for processing them, and in cases where specific legislation so provides. 8)
Statistical registers
(1) The Czech Statistical Office maintains a register of economic operators and a register of census circuits and buildings. To the extent provided for by this law, registers are a public list.
(2) For the needs of the state statistical service, especially for the preparation of statistical surveys, the Czech Statistical Office creates an agricultural register.
(3) The registers referred to in paragraphs 1 and 2 establish a interconnected system.
(4) The statistical registers referred to in paragraphs 1 and 2 shall process and record changes to such data for all data kept therein.
Register of economic operators
(1) The Czech Statistical Office will enter the economic operator in the register of economic operators on the basis of data obtained under the Special Laws (9) or under this Act. Registration in the register is of only evidence significance.
(2) The following information is entered in the register of economic operators:
(a) an identification number;
(b) business name,
(c) for legal persons and organisational entities of the State, registered office, place of business of natural persons;
(d) territorial identification of the registered office and place of business, postal address and, where appropriate, telecommunications connection;
(e) the subject of business or other activity;
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Regulation Information
| Citation | Act No. 89 / 1995 Coll., on State Statistical Service |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.05.1995 |
|---|---|
| Effective from | 15.06.1995 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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